How can I find out if there is a will on a deceased family member?

Willowbrook, IL | December 15, 2010 2:28pm

Recently a close family member passed away and the immediate family is stating our name our on the property they owned. They want us to sign off of this property so they are able to sell it and also pay the debts owed. How can our name be on someones property without our knowledge and does this mean it was willed to us?

As for finding the original of the will...you may try the probate courthouse of the county that she lived in at the time she allegedly signed it. Who was her lawyer? Was there one even involved? The deceased's lawyer may have details about whether a will was prepared. Attorney client privilege would prevent any substantive communication by the lawyer with you about the details of the will, though. That lawyer may be able to tell you if the will was filed with probate court.

It is possible that you would be of record as holding title without knowing it. Someone may have named you in a deed to add your name to the property title, but if that creates a concern you may be able to avoid it since you never accepted it.

I would certainly get advice before you "sign off" on the property. If there is equity that can be realized, it is likely that money should be yours.

If your names were added to title, then the will does not matter. The property would pass to you by virtue of the deed before the will ever comes into play. Before you can realize anything from the property, however, mortgages and other liens would have to be satisfied.

I would be pleased to hear from you and arrange representation to obtain and review documents.